(A) Requests for variances or appeals shall be filed with the Zoning Administrator, on an official application form. The application shall be accompanied by a fee as outlined in § 156.182. This fee shall not be refunded. The application shall also be accompanied by copies of detailed written or graphic materials fully explaining the proposed request. The Zoning Administrator shall refer the application along with all related information to the Planning Commission for consideration and report at least 15 days before the next regular meeting.
(B) The Planning Commission shall consider the request at its next regular meeting unless the filing date falls within 15 days of that meeting, in which case the request would be placed on the agenda and considered at the regular meeting following the next regular meeting. The applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the requested variance.
(C) The Planning Commission, City Council, and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, this information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.
(D) The Planning Commission shall make a finding of fact and recommend actions or conditions relating to the request to the City Council.
(E) Upon receiving the report and recommendation of the Planning Commission, the City Council shall place the application and/or report and recommendation on the agenda for the next regular meeting. These reports, recommendations, and findings shall be entered in and made part of the written record of the Council meeting.
(F) Upon reviewing the application and/or receiving the report and recommendation of the Planning Commission, the City Council shall take one of the following actions within the time frame established by M.S. § 15.99, as it may be amended from time to time:
(1) Approve or disapprove the request as recommended by the Planning Commission;
(2) Approve or disapprove the recommendation of the Planning Commission with modifications, alterations, or differing conditions. These modifications, alterations, or differing conditions shall be in writing and made part of the Council’s records; or
(3) Refer the recommendation back to the Planning Commission for further consideration. This procedure shall be followed only one time on a singular action.
(G) Decisions on requests for variances shall be by a majority of those voting on the question. The Zoning Administrator shall notify the applicant of the Council’s action.
(H) The decisions of the Planning Commission shall be advisory to the City Council. The decisions of the City Council shall be final subject to judicial review.
(Ord. 134/94, passed 3-24-94)